Amendment No. 1 to Pooling and Servicing Agreement among DLJ Mortgage Acceptance Corp., DLJ Mortgage Capital, Wilshire Credit, and The Chase Manhattan Bank

Summary

This amendment updates the Pooling and Servicing Agreement dated September 1, 2000, among DLJ Mortgage Acceptance Corp. (Depositor), DLJ Mortgage Capital, Inc. (Seller), Wilshire Credit Corporation (Servicer), and The Chase Manhattan Bank (Trustee). The amendment revises the definition of "Special Hazard Loss" related to mortgage loans, clarifying what losses are covered. All other terms of the original agreement remain unchanged. The amendment is effective as of March 1, 2001, and is executed by all parties, with consent from Credit Suisse First Boston Corporation as a certificateholder.

EX-4.1 2 0002.txt INSTRUMENTS DEFINING RIGHTS OF SECURITY HOLDERS EXHIBIT AMENDMENT NUMBER ONE to the POOLING AND SERVICING AGREEMENT Dated as of September 1, 2000 among DLJ MORTGAGE ACCEPTANCE CORP., as Depositor DLJ MORTGAGE CAPITAL, INC., as Seller WILSHIRE CREDIT CORPORATION, as Servicer and THE CHASE MANHATTAN BANK, as Trustee This AMENDMENT NUMBER ONE is made and entered into this 1st day of March, 2001, by and among DLJ MORTGAGE ACCEPTANCE CORP., as the depositor (the "Depositor"), DLJ MORTGAGE CAPITAL, INC., as the seller (the "Seller"), WILSHIRE CREDIT CORPORATION, as the servicer (the "Servicer") and THE CHASE MANHATTAN BANK, as the trustee (the "Trustee"), in connection with the Pooling and Servicing Agreement dated as of September 1, 2001 among the above mentioned parties (the "Agreement"), relating to the issuance of the DLJ Mortgage Acceptance Corp., DLJ Mortgage Pass-Through Certificates, Series 2000-S4. This amendment is made pursuant to Section 10.01 of the Agreement. 1. Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Agreement. 2. The definition of "Special Hazard Loss" set forth in Section 1.01 of the Agreement is hereby amended effective as of the date hereof by replacing such definition in its entirety with the following: "SPECIAL HAZARD LOSS: With respect to any Liquidated Mortgage Loan, (A) Any Realized Loss incurred on a Mortgage Loan, to the extent that such Realized Loss was attributable to direct physical damage to a Mortgaged Property, but not including any loss caused by or resulting from (1) any loss of a type covered by a standard form of hazard insurance policy in the jurisdiction where the Mortgaged Property is located, (2) any loss of a type covered by a flood insurance policy, if the Mortgaged Property is located at origination in a federally designated flood zone, or (3) ordinary wear and tear, and (B) any shortfall in insurance proceeds for partial damage due to the application of the co-insurance clauses contained in hazard insurance policies." 3. Except as amended above, the Agreement shall continue to be in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the Depositor, the Seller, the Servicer and the Trustee, have caused their duly authorized representatives to execute and deliver this instrument as of the date first above written. DLJ MORTGAGE ACCEPTANCE CORP., as Depositor By: /s/ Helaine Hebble --------------------- Title: Senior Vice President DLJ MORTGAGE CAPITAL, INC., as Seller By: /s/ Peter Principato -------------------- Title: Vice President WILSHIRE CREDIT CORPORATION, as Servicer By: /s/ Mark H. Peterman -------------------- Title: Assistant Secretary THE CHASE MANHATTAN BANK, as Trustee By: /s/ Mary Boyle -------------------- Title: Vice President Consent by: CREDIT SUISSE FIRST BOSTON CORPORATION, as Class A-S Certificateholder By: /s/ Peter Principato -------------------- Title: Vice President -2-